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tv   [untitled]    March 5, 2012 2:30pm-3:00pm EST

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direct people down the theater, ma'am, could you please ask your son to stop spilling soda into the carpet for three or four hours to just buy a single song. it was only a year later that northeast university released the first version of nabster to the web. all of a sudden not being able to access music at an appropriate price, along with the feeling if it's on the internet and accessible, it must be okay, that millions to illegally upload and download copy righted music. these were not hardened criminals. they would not think of stealing a cd or dvd for a store. this is certainly not to justify their behavior, only to attempt to explain economically that ed what happened. some of us understood the moral issues. there are many people, including members of my family who make their living by making music, and discuss with us the impact of file sharing. due to those discussions i found myself signing up for columbia house and bmg while my classmates were downloading from
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nabster. even the media was changing at that time. the cosmo girl featured an article on "your fabulous life" that advised readers how to share your copyrighted music with a friend and vice versa. that's right. one of the biggest creators of intellectual property in the world was teaching teens how to pirate music. of course, there's "the office." >> have any of you ever faced any ethical dilemmas in the workplace? >> anybody? >> this is a chance for you to say something without any repurr cushions. stanley oscar, come on. anybody else? yeah. >> sometimes i download pirated music on to my work computer. >> who hasn't. good. good. what else? >> i'd like to hear more about that. >> around the same time congress passed digital millennium con by right act. the dmca created an administrative method to take down notices to internet service providers hosting copyright
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material. although dmca has distractors, they abouted properly to avoid a glut of copyright cases that would clog courts all over the country. there was a process, albeit a complicated one, for those who had material legitimately to make that argument and have their content restored to the isp. the dmca provides them with a safe harbor provided they do not activity participate in or benefit from the sharing of that infringing content and they take certain actions when they receive a dmca take down notice. isps must register a dmca copyright agent and comply with take down notices. skipping ten years ago to 2008-2009 we saw congress pass the higher education opportunity act already referenced. among the requirements for colleges and universities are two concerning peer to peer file sharing when my co-author at georgetown and i refer to as the notice provision and the written plan provision. the notice element was not burdensome. it required that institutions
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may violate civil and criminal law, a summary of the penalties for violate that law, and a description of the college's specific penalties and policies for addressing piracy. the written plan component is someone more involved. there are six elements to the written plan. i want to key in on three. you have to have a written policy and the policy must include an education component. colleges have addressed this requirement in different and creative ways. kosh nell and ucla for instance have created innovative videos accessible on web and powerful teaching tools for their students. several institutions developed creative skits during orientation and other opportunities. the legislation is clear that active monitoring is not required but rather as with the dmca institutions must take action when notified of a violation. and finally, the policy must include potential use of the disciplinary process for student violators. the plan must include the use of one or more technology-based deterren
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deterrents. the regulations that came out of the statue are technology neutral. institutions need not purchase anything but they may as the sunni system speaks well of their purchase of the audible magic blocking package. each end constitution may choose for itself an appropriate technology based return, including package shaping and content builders and accepting and respopding to dmca notices. the university of michigan has developed be aware of your uploadi uploading, where students receive a message when they're potentially uploading music and you hear more about dmca in a few minutes. college may offer legal alternatives as they deem appropriate. higher education has had difficulty for some time now for alternatives at appropriate prices although recent events made me believe that we may be moving in a good direction on that front. let me spend a minute or two on the present. those of you who follow basketball may have heard a word
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or two recently on a recent phenomenon that hit new york called linsanity. long suffering knicks fans like my wife and myself haven't seen a really talented knicks 250ete since i was taking tickets at the movie theater. that was the last time the knicks had a team deep enough that could go into the playoffs. here we are in 2012 and literally out of the blue drops jeremy lin, a harvard graduate. harvard in the nba, cut by two other teams, make knicks fans, a naturally pessimistic bunch, believe again. why am i tell you about this? because due to a contract dispute between the msg network and time warner cable, knicks fans across new york, including newly minted knicks fans excited by lin's play and feel good story, tune into the games only to see when they turned on msg. this story comes with a happy ending thanks to the efforts of, you guessed it, my lawyer,
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attorney general snyderman, and time warner settled their does put and there were many, many happy knicks fans who have the attorney general to think. prior to the involvement of general schneider, what is the desperate knicks fan to do when face with the situation? that is to say, even if one called about time warner and offered to pay more to see the game they could not do so, nor could they receive similar relief from msg. "the new york times" had an interesting coverage of linsanity piracy issue and reports came in there were many up standing is it septembers, including those who had never dreamed of stealing a cd or dvd or going online and downloading or uploading music or movies who went to their computers and watched illegal streams of knicks games and they violated copyright law in doing so. these generally law abiding citizens could not have accessed these games legally on their cable system no matter what they were willing to pay. correct it's legally clear, to watch it streaming from the illegal site is against the law. what is the right answer? well, as they say, it's a little bit more complicated.
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but what does the future hold? i can confidently say efforts now on going will likely bring about significant positive changes in this area. a few weeks ago sunnis general counsel bill howard and i at 30 rockefeller center to discuss potential ways to solve these complicated issues. not an exact rendition of the meeting. all joking aside i got to the meeting room a little early and one of the things that impressed me most about the room they put us in is we sat around the round-table for a constructive discussion. there's certainly a different feeling sitting around a round-table than opposite sides of the table as industry and higher education has done for many years. it set a nice hope. i my hope is by working together, we have comply with the law and the entertainment industry to protect the law. our university does more than a billion dollars i've ray year
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and we have untotalled amounts of. intellectual property is as crucial to the state university of new york as it is to the future of the members of the entertainment industry. so i'll end where i began, with those laws on that courtroom. the law must be stable and yet it cannot stand still. society has changed and copyright law must be strong, but it must advance. higher education and the entertainment industry can partner in exciting and innovative ways to protect intellectual property while providing appropriate placed options to our students. you, as the chief law enforcement officers, have a role to play in assisting and encouraging such advancement. technology change need not breed fear but seize the opportunity provided by new technologies to forge 2018 entertaining legal content at an appropriate price that protects and encourages artistic creation. i look forward to seeing you there. thank you. >> thank you, joe.
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next we'll hear from executive vice president and general counsel for nbc universal. rick? >> thank you very much. appreciate the opportunity to be here. i come before you certainly with -- in my day job as general counsel of nbc universal be but i also serve and have served for the last five years of the chair and coalition against piracy at the u.s. chamber of commerce. and in that coalition, we have more than 700 trade associations and companies representing over 24 of the highest sectors of the u.s. economy. i'd like to put in context a discussion we're having about universities and the role of universities in addressing what i think of as the rule of law on the internet. what i can report to you is every single sector of the 24 sectors represented in that coalition has indicated that the
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problem of stolen digital content and the distribution of counterfeit goods on the internet is getting worse, not better. every single sector. and so the framework here, i think, in fairness in terms of what we're discussing, is truly the question of how does a rule of law come to the broadband internet. i think everyone is familiar with the fact that in virtually every aspect of modern 21st century society, the internet is visualized adds a key pillar, whether that's information, whether that's commerce, and on and on. and in that framework, i think everyone around this table would agree that we cannot have a vision of the broadband internet as the wild west, as somalia, where there simply is no -- where anything goes. and what i would say is that there's a certain degree of which the broadband internet did begin with this notion of it should be lightly regulated, it
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drives growth, it, in fact, does bring huge positives. but what we're talking about here is not the notion of economic regulation but it is the basic regulation of lawful civilized behavior which starts with theft, it certainly extends way beyond that to child pornography and to other issues where it cannot be p ultimate outcome where there is simply no rule of law on the internet. and i would put that framework around the fact that in terms of talking about stolen digital content and the distribution of counterfeit goods, it is one element of a much broader challenge to assure that, in fact, our normal day-to-day laws that apply in the physical world is applied in a sensible and effective way on the internet. the second is just to stress the importance of the issue. i would say and i don't mean this as a criticism, but the -- this is not a nuisance crime. and i think what has happened over the last 20 years is that
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we've gone from and hear i would quote the former head of the world customs organization to where the distribution of counterfeit goods and stolen digital content has gone from what he called a cottage industry. this is in the time of his 20 years, to what he called the second industrial revolution. and simply the scale of counterfeiting and stolen digital theft is out of control, it is growing larger, and it is huge. just to pick up on up with of the statistics that senator dodd referenced, it's not only that a quarter of the broadband of the broadband bandwidth that is utilized for the distribution of stolen digital con at the present time, but if you look at the number of the quantity of activity, that same envisional study found that if you just go to the normal com score, you have 250 million visits a month to touring sites, which is overwhelmingly for the purpose of acquiring stolen digital
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conte content. before mega upload was indicted and shut down, it had more than 90 million visits a year. pirate bay has more than 35 million visits a year. so the u.s. chamber of commerce did a study which included 138 sites which included both counterfeit physical goods as well as stolen digital content and found that every year there are more than 50 billion visits, 50 billion visits every year to those sites collectively. that's more than any individual site like google that you can name with the hottest number of visits. we have a set of activities on the broadband internet which is truly astonishing in its scale. and final point with respect to that is as everyone in this room understands, the u.s. doesn't aspire to be a low-cost manufacturing society. what we aspire to is to have high growth, high value add sector of our economy which are inevitably driven by our
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technical invention, innovation, and createivity. if we don't assure that the economic benefits of those qualities which are almost unique to the u.s. economic society in terms of their strength, we compromise seriously both the country's economic future but i think exactly the economic future of the students of thni that we're talking about today. so, point number three is that in terms of talking about the university efforts with respect to reducing the amount of accessing stolen digital content, i would just like to point out that we're talking about in the context of multiple sectors that support the broadband internet. my own view is that unless we affect the activities of the sectors that create the broadband internet and support it and build in technological queues, particularly to the younger generation, as to what is acceptable and what's not, we won't make forward progress.
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but if you look at the video sharing sites led by youtube, the fact is they have put in filtering technology that prevents the easy upload of copyrighted content. if you look at the isps, the isps voluntarily made an agreement which became public last july in which the -- they have agreed to forward on a very substantial scale, notices received from content companies about individual ip addresses that had been detected uploading or downloading unauthorized content. the payment process, the credit card companies, p. entered into an agreement which was actually promoted by the white house in which they have agreed not do to do business with the foreign sites mentioned by the senator which are dedicated to infringing activity. there are similar conversations going on with the sizing networks and the framework here is that the sectors that create the internet that are the basis
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either of the traffic or the funding that flows to participants within the eco system really have to become part of the solution. and that is the framework. this is not an exclusive focus on universities. it is that they are a very important element. in fact, i would actually say in terms of the demographic of the students and the demographic of the age group that actually primarily engages in this kind of content, kind of conduct that they are really -- they are really critical. it is really important for the younger generation growing up to understand both on a technological basis as well as an educational basis as to what is acceptable and what is not acceptable. and so here joe laid out the framework of the legal obligations in terms of communication and a written plan. i think that it goes -- it is really critical that they're not only be the technological messages that come from the way the university i.t. system is operated, as well as messaging
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so that the students, the younger generation, really comes to understand what is acceptable conduct and what is not. and so i think what we're uk talking about here is universities both leading by example, in terms of the specific measures they put in place, and really critically engaging in the educational task of educating the younger generation. that it is their futures and their jobs that are at stake unless we respect intellectual property on the internet. so thanks very much. >> next we'll hear from larry conrad, vice chancellor of i.t. and and cio for the university of north carolina. >> good afternoon. i think i can speak on behalf of my cio colleagues across the country in higher education. we do take this very seriously. but at any rate, as i was
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talking with my panel colleagues as we were planning about how to approach this we thought it would be great to sort of, you know, work our way down, if you will, a hierarchy which leads me batting clean-up. so you've heard lots of things about the problem, lots of things about the challenges. so at colleges and universities, ultimately all this stuff comes down to somebody like me who has to figure out, okay, what do we do about it, what can we do about it? the good news, i think, as we -- for unc, chapel hill, we've come up with what we think is a multi-facetted approach to the thing. and while we certainly have technology at the base, our fundamental idea is not really a technological idea. i mean, what we're trying to do is, as we've heard, i think, from everyone here, is -- our goal is to change people's behavior. it's a terrible analogy, i guess, but it's like, you know, trying to work with the mexican
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government to cut down drug smuggling. well, you've got to work on the demand side of that, not just the supply side. so at any rate, let me go to -- let's see. speaking of technology, if this is working. is this the right one? ah, good, great. okay. so from my standpoint, cio, this is how the landscape roughly looked to me. so we were receiving hundreds of these bmca notices every year from content providers and reporting these detection of problems with users on our campus. it's not a mystery. it's not uniformly distributed. for the most part cancer researchers are not doing illegal file sharing. it's the students. and in our case, since we have a large resident population, the vast -- i should say certainly the large majority of those were coming out of our residents
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halls or resident arena. so that's where we thought would be the place to attack this. and, you know, this is a serious problem. we want our students to come to campus and to be educated and to help discovery new knowledge and as a former colleague of mine at yale once said, we want our students to leave with a degree not with a rap sheet. so obviously complaints exposed the students to potential negative issue s and it expose s the university as well, and the university has a responsibility to try to minimize their exposure. i mean, i hope, through all us here, if we can get our students to fundmentally change their behavior in at least the time this they are with us before they go out to be gainfully employed, we will have a made a difference in people's behavior over time.
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next? there we go, so let's run through quickly the concepts of the hall pass program. the basic program is to comply with the higher education opportunity act of 2008, and you hard the three components that were involved with that, the haul pass program is focused on number one and number two. the number three issue, i think as jill pointed out, we have promising developments, those things go yonds what we can address. so what we decided to do was pilot the program in the spring of 2011 and i'll talk more about that in a minute. and then, we implemented sort of in full form for the resident halls for last fall. so the fundmentals for how it works is when a user connect s in a resident hall, they are
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required to have an agent downloaded on their computer in our case, it's the company, interis, and it run s on their machines, if a user does not have the agent, they can not get on the network. they to not have to install it, but h but they have to install it if they want to be in the resident hall and connect to the internet. if we finds a pdp program, then the user is automatically, well, first of all, the network connections is restricted automatically and the user is contacted and prompted to do one of two things which is remove the offending software, or if they believe they have a legitimate reason for running the pdp software and there are legitimate uses of it, then they can accept tso-called hall pass
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program and we will allow them to continue to have access to the network. i guess there's a bit of a delay here. okay. but, if they do that, if they choose to join the hall pass program and we get another copyright notice on hem, again, this is all automated, the user is referred to the dean of students and that typically result are s in honor court charges. previous on that this had been a fairly time intensive activity, time, my staff spent on this, even this was mainly a student affairs issue, we would have to do the contacting the student s, we would schedule an a appointment and give them a lecture and hand them material about the problem and they were sent off to hopefully do good.
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sometimes they did and sometimes they didn't. at any rate, it did not get the referred to the dean of students unless it was an problem. the vast majority of students have chosen to remove the pdp software. a very good thing. the hall pass agreements are reset every semester, just because everything is clear for fall, you have to do it all over again in the spring for example. so for last fall we had 40 out of our 8,000 student s who elected to the hall pass program. in preparing for this presentation, 15 so far, in 2012. so it's rarely, rarely somebody actually joining the program. interestingly enough to me, we had a couple hundred students that juftd have to digitally
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accept the software and i guess there's people that are just against the idea of agreeing to anything online so they refuse to agree to our automated program, but they still uninstalled the software so we got the result we were looking for. there's a bit of a challenge involved, there's technology involved. we do have to watch the snat signatures and change them, there's maintenance that has to make that happen. one of the issue s that i got or questions that i got earlier was well, do we do band width shaping or any kind of restrictions for residents halls? no. we decided early on, just squeezing down the pipe was not changing -- you were not going to change people's behavior you were just going to sort of move the point at which they will do the crime if you will. so, we believe that student s
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should have free and open access to the internet. and we want them to change their behavior. in finally, as part of that she i want to points out that we did implement a multi-facetted and multi-point communication program with our students. as they are admitted we send letters to their home and parents we get them during orientation and we get them when they come in and connect up to the network. we try to keep that message out there and repeat and repeat and repeat. all right. so, what have we seen? so, the results now, these are not huge number s, but we think they are meaningful numbers. so for the fall of 2010, before the hall pass program went in, we found that 1 in 7 computers had some kind of pdp software,
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in the spring of 2011, when we did not restrict the access, but we detected the program and sent them a message saying we detected the program, we did did not do anything about it, but let them know that we knew that they were doing it. that did have an impact and that changed that ratio from are 1 to 12, to 1-7. if you will, pull the trigger for fall of 2011, that went to 1 out of 200. that was clearly a huge difference in the impact. and the comparison for the semester and this is just the residence hall. we had 107 complaints for fall 2011 we had 25. that was a dra are mat i can impact. okay, now, bottom line, is at the top, to date we have no received no copyright notice s
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on any of the student s who agreed to participate in the hall pass program so the people they were doing what they were doing legally they stuck by it. and that is hung. next steps, clearly the program is effective. we like it. i love the fact that i do not have to burn a half fte consistently constantly trying to follow-up on these complaint s and we are getting better result s with the students. nourks it's not cheap. that is important to keep in minds. it's you know, i have lost 25% of my budget in the last four years as most public institutions have around the country. so, it's tough in these difficult economic time s, but you know, understanding that getting the results we spent $120,000 to get that technology in place, but the return on investment was 8,000-.
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it's not realistic in these times to think you can eliminate everything to everu yo.ve to pr problem and go after the subsets that make sense, and just make sense you are getting a good return on your investment. that was the -- there we go, that is totally unreadable, but -- be are these slides going to be available to people afterwards because i included a link at the bottom. okay. so you can follow the link at the bottom of the page, you may want to see what the agreement is. if you are so inclined follow that link. all right, are we ready for questions? >> we will extend the panel ten minute s to allow for ags to ask questions. so do we have questions from any of the ags around the table? i've got one, if you do not. mark, is

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